Division Of Property Is Important In Shaping Your Post-Divorce Life

Protect Your Interests By Putting An Experienced Attorney In Your Corner

Although the division of assets that occurs as part of a divorce requires both parties to identify marital property and separate property, a Massachusetts family court judge can divide property any way he or she deems equitable, whether it is owned by one party or both. Any asset that an individual owned before the marriage or that was inherited or received as a gift during the marriage is considered separate property. Massachusetts courts typically award separate property to the original owner, but are not required to do so.

Parties are encouraged to reach agreement regarding the division of property independently. By doing so, they retain more control over the process and reduce the stress that comes with ending a marriage. At The Law Office of Rebecca E. Rogers, I help my clients reach agreement on property division matters while protecting their best interests.

One of the most stressful aspects of divorce is facing the financial challenges posed by dividing one household into two. It is important to create a financial foundation that is as solid as possible to begin your post-divorce life. The division of assets and debt plays a significant role in that process. Working with an experienced property division attorney who understands Massachusetts property division laws is essential.

How Property Division Decisions Are Made

If a couple cannot agree to terms regarding property division, the court will consider a number of factors when making its decision. This includes:

  • The length of the marriage
  • The age, health and earning capacity of each party
  • The present and future needs of any dependent children
  • The contributions of each party to the acquisition and preservation of marital assets
  • The contributions of each party to maintaining the family unit as a homemaker
  • The income and employability of each party
  • The conduct of each party during the marriage, particularly if one party's actions contributed to the breakdown of the marriage
  • Actions by either party that contributed to the dissipation of marital assets

It is also important to work with a lawyer who will ensure that all assets and liabilities are valued fairly, particularly in a marriage in which significant assets were acquired. Whether you have a high-asset divorce or more modest property to divide, putting an experienced property division attorney in your corner will help you ensure the best possible outcome.

Call or use my online contact form to schedule a free consultation. I work with clients throughout Essex and Middlesex counties and the surrounding counties from offices in North Reading and Lynnfield.